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O. Reg. 31/11: Agents

filed February 11, 2011 under Insurance Act, R.S.O. 1990, c. I.8

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ontario regulation 31/11

made under the

Insurance Act

Made: February 9, 2011
Filed: February 11, 2011
Published on e-Laws: February 15, 2011
Printed in The Ontario Gazette: February 26, 2011

Amending O. Reg. 347/04

(Agents)

1. (1) Ontario Regulation 347/04 is amended by adding the following section:

Life insurance to fund expenses for funeral, cemetery, etc.

17.1 (1) In this section,

“licensed services” and “licensed supplies” have the meanings assigned by subsection 1 (1) of the Funeral, Burial and Cremation Services Act, 2002; (“fournitures autorisées”, “services autorisés”)

“contract to fund funeral, burial or cremation expenses” means a contract of life insurance the proceeds of which are intended to be used primarily to fund, directly or indirectly, the purchase of licensed services or licensed supplies. (“contrat servant à financer des frais funéraires, d’enterrement ou de crémation”)

(2) An agent who holds a life insurance licence,

(a) shall not contact, by telephone or in person, any person for the purpose of soliciting the making or negotiation of a contract to fund funeral, burial or cremation expenses unless the person has requested the agent to contact him or her for that purpose;

(b) shall not contact by any means any person who is in a hospital, nursing home, home for the aged or hospice for the purpose of soliciting the making or negotiation of a contract to fund funeral, burial or cremation expenses unless the person has requested the agent to contact him or her for that purpose; and

(c) shall disclose in writing to every prospective purchaser of a contract to fund funeral, burial or cremation expenses that the purchase under the contract does not constitute the purchase of licensed services or licensed supplies.

(2) Clause 17.1 (2) (b) of the Regulation is amended by striking out “nursing home, home for the aged” and substituting “long-term care home”.

2. (1) Subject to subsection (2), this Regulation comes into force on the later of,

(a) the day section 29 of the Funeral, Burial and Cremation Services Act, 2002 comes into force; and

(b) the day this Regulation is filed.

(2) Subsection 1 (2) comes into force on the latest of,

(a) the day section 29 of the Funeral, Burial and Cremation Services Act, 2002 comes into force;

(b) the day section 194 of the Long-Term Care Homes Act, 2007 comes into force; and

(c) the day this Regulation is filed.

 

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